Your assistance is appreciated

ADVISORY OPINIONS 1159
1157
Your assistance is appreciated.
Yours truly,
/s/ Jerry C. Daniel

Second Supplemental Letter Relative to Request April 20, 1977 Dear Mr. Sheehan: — This letter is in written response to your telephone request of Monday, April 18, 1977.

You asked that I advise you how National Onion Association intends to approach container suppliers and manufacturing companies and furnish you with a sample of any letter agreement we are contemplating using. A rough draft only has been prepared of the type of letter that we are contemplating using.* It is not complete and before it is complete, will need to have language in it to the effect that onion producers can write to the National Onion Association and obtain a refund on any monies that the container manufacturer or supplier passed on to them when the producer purchased onion containers from these entities.. This is a rough draft that was made up very early in these considerations and undoubtedly can be improved and made more accurate. Committee _ members on the promotion committee of the National Onion Association have already been putting out feelers by telephone, personal contact and letter with container suppliers and manufacturers to ascertain if they have any interest at all in going along with the plan that is being developed. Results are very sketchy at this point in time and many of these companies want to know what the FTC position is on our request for an advisory opinion before committing themselves. Of course, we are not asking for any firm commitments at this time. You asked me what would happen if a container supplier or manufacturer did not care to participate in the program. As far as NOA is concerned, nothing would happen. They would just not be part of the program and we would hope that enough companies are part of the program that sufficient monies will be raised to do some good. In checking with individuals on the promotion committee, they feel that there is no question but that the staff can handle any refund program and all that would be necessary for a grower to obtain a refund is to show proof of purchase subsequent to the date that the container supplier or manufacturer agreed to go along with the promotion plan of NOA.

* The draft letter is not reproduced herein.